This bail application allowed the release of the applicant on bail in a murder and hurt case. The court found merit in the submissions that the applicant was falsely implicated with no specific role attributed in the FIR.
Applicant released on bail on furnishing personal bond and two sureties subject to conditions against tampering and influencing witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9007 of 2022
Applicant :- Pradeep Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.,Krishna Kant Shukla,Rajendra Kumar Yadav
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.510 of 2020 at Police Station-Rath, DistrictHamirpur under Sections 147, 148, 149, 323, 302, 307, 34, 109, 212 IPC and Section 7 of the Criminal Law Amendment Act. The applicant is in jail since 24.09.2021.
The bail application of the applicant was rejected by learned Incharge Sessions Judge, Hamirpur on 02.02.2022.
Shri Ashish Kumar Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The F.I.R. assigns a vague and general role to the applicant in the assault. As per the F.I.R. there are nine accused persons in all. The statement of the injured identifies one Kapil and Sanjay as the principal offenders who discharged their firearms and fatally injured the deceased person and injured-Dhirendra Yadav. No role in the firing has been attributed to
the applicant in the aforesaid statement. The applicant had no motive to kill the deceased or harm the injured. The mother of the injured witness has stated before the investigating officer that the applicant was not present at the time of the incident. The role of the applicant is distinguishable from that of the principal offendersKapil and Sanjay.
Explaining the criminal history of the applicant, learned counsel for the applicant contends that the applicant belongs to an economically weaker section of the society and has become an easy scapegoat for the police authorities who have falsely implicated him in a number of cases to burnish their credentials. Some of the cases related to fake encounters. The others were instituted to rationalize such fake encounters. The criminal cases do not have any bearing on the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
Shri Paritosh Kumar Malviya, learned A.G.A. as well as Shri Krishna Kant Shukla, learned counsel for the informant could not satisfactorily dispute the aforesaid submissions from the record. They, however, do not dispute the fact that the applicant
does not have any criminal history apart from this case.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Pradeep Kumar be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
(ii) The applicant will not influence any witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the
prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 13.7.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.07.13 14:22:43 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be enlarged on bail in a case involving Sections 147, 148, 149, 302, 307 IPC and Section 7 Criminal Law Amendment Act.
Pradeep Kumar
Ajay Bhanot
Ashish Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
